WRONGFUL TERMINATION ATTORNEYS FULLERTON
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A Wrongful Termination Attorneys Fullerton claim is a tort-based claim for termination in violation of public policy. As discussed in the previous article (hyperlink), the public policy must be 1) based on a constitution or statute, 2) intended to benefit the public, 3) established at the time of the Wrongful Termination Attorneys Fullerton, and 4) substantial and fundamental. Determining whether the reason for an employee’s termination actually violated public policy is complex and should be done in a consultation with a licensed attorney.
Another consideration in determining whether an employee has a legitimate Wrongful Termination Attorneys Fullerton claim is causation. In other words, can the employee prove that the termination was motivated by the Wrongful Termination Attorneys Fullerton reason which violates public policy? For example, let’s assume an employee reports that she was sexually harassed by her manager. If she is subsequently terminated, then she would have both a Fair Employment and Housing Act (FEHA) claim and a Wrongful Termination Attorneys Fullerton claim. To prevail on her Wrongful Termination Attorneys Fullerton claim, she must prove she was terminated because she had reported the sexual harassment. Her employee could potentially argue that they had actually terminated her for another reason, such as insubordination, poor work performance, etc.
WRONGFUL TERMINATION ATTORNEYS FULLERTON
Proving what the actual reason for the termination was would require evidence. It would be important to interview witnesses and obtain documents that would support the claim that the employee was terminated in violation of public policy. Identifying the witnesses and evidence that will support a Wrongful Termination Attorneys Fullerton claim is best done in consultation with a licensed attorney who has experience proving Wrongful Termination Attorney Orange County claims at trial.
If you have been terminated from your employment and believe it may be for a reason that violates public policy in Orange County, Riverside County, Los Angeles County or San Bernardino County, please contact Stevens & McMillan at (800) 738-3353 for a free consultation. This article has only touched on the general scope of the law and is for information purposes only. This article is not intended to give legal advice.
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Useful links :
Department of Justice, Supreme Court
United States Courts, Orange County Superior Court, US Equal Employment Opportunity Commission, US Department of Labor, US Small Business Administration
National Labor Relations Board, US Department of Justice, Disability.org,
Occupational Safety and Health Administration, Irvine Valley College, Orange Coast College, California State University, Fullerton